The problem is, I have discovered the road I was traveling on is a private road. The superintendent of the property confirmed with me that the OPP have no jurisdiction to lay highway traffic act charges (of which these both are)
My question is at what point do I point out the problem and to whom?
Do I need evidence that this was not on a "highway" by definition of HTA?
a) Do I notify the crown and make them back off?
b) Do I go to trial and wait until they have presented their case and bring up the point when I cross examine a witness?
c) Do I open my defence with it and immediately request that the charges be dismissed?
d) Do I just bring it up as a point in my defence that it is private land, watch the prosecutor squirm and drop the bomb in closing arguments that they have not proven that I have broken any laws?
Any suggestions on how best to procede?